In brief
In Re Esken Limited (Overseas Company Number FC041629) [2026] EWHC 495 (Ch) (the “Judgment”), the High Court addressed a question with significant practical implications: can a company incorporated overseas but operating primarily in the UK move from administration into a creditors' voluntary liquidation (“CVL”)?
In Fletcher & MacPherson v Desai the High Court considered whether section 375 of the Insolvency Act 1986 (“IA 1986”) could be used to revisit the consequences of a successful transaction at an undervalue claim and, in particular, whether it could operate to preserve or confer secured status on a creditor after bankruptcy.
Winding-Up Petitions in the BVI - A Practical Guide For Creditors
Welcome to The Week That Was, a round-up of key events in the financial services sector over the last seven days.
The fifth episode of Season 4 of our podcast, Money Covered - The Month That Was, where the team looks at the Financial Conduct Authority's Vehicle Finance Redress Scheme Consultation, is now available.
To listen to this and all previous episodes, please click here.
Headline development
In a significant ruling for shareholders, companies and directors, the Supreme Court has confirmed that unfair prejudice petitions under section 994 of the Companies Act 2006 (CA 2006) are not caught by statutory time limits imposed by the Limitation Act 1980 (LA 1980).
The Court of Appeal’s recent judgment in TAQA Bratani Limited [2025] EWCA Civ 1669 (“TAQA”) has reshaped the risk landscape for directors operating within corporate group structures, particularly complex ones.
Liability management exercises, sometimes dubbed ‘creditor-on-creditor violence’, are now a defining feature of the global restructuring market. Their growing use has been matched by an increase in related litigation, and has brought with it what is for many restructuring professionals a whole new world of disclosure.
How does disclosure work in four key jurisdictions - England & Wales, New York, the Netherlands, and Luxembourg?
On 3 March 2026, following the hearing of an unsuccessful application for directions of the administrators of Kession Capital Ltd, Deputy ICC Judge Curl KC made an order winding up the company. He later gave his reasons in writing for doing so: Re Kession Capital Ltd [2026] EWHC 785 (Ch).